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SUPPORTING YOUR COMPLAINT

Dr Ian Freckelton, Barrister, and Tamar Hopkins, Principal Solicitor, Flemington & Kensington Community Legal Centre

If you decide to complain, you should make your version of events as credible as possible by taking the following steps.

  1. Act promptly
    Make your complaint quickly (subject to the issues raised in this chapter).
  2. Make a record of the event
    If you do not lodge your complaint straightaway, at least make a detailed record in writing or on tape as soon as possible after the event. Include in it all your recollections of what occurred in as much detail as you can manage. If you do it in writing, sign and date what you have written and, if you can, get someone else to witness it. If you are able to, record the name, rank and badge number of as many police involved in the incident as you can. It is also useful to describe in detail the appearance of anyone involved in the incident, including police. This can make a big difference later when it is not always easy to identify who did what and who was present. If you need to recount a conversation, do it as accurately as you can, using the actual words spoken, in the "I said", "He said", style.
  3. Make a note of witnesses
    Note down the names of and descriptions of any witnesses to what happened and, if you are able to, encourage them to write down or record on tape what they have seen.
  4. Contact a lawyer
    Contact a lawyer experienced in dealing with police complaints. Discuss the appropriateness of lodging your complaint with the OPI, the ESD or with local senior police. If you do not know a lawyer experienced in handling police complaints, you can consult a community legal centre (see: Chapter 2*4 Advice Directory).
    If you have injuries, you should include the following two steps before contacting a lawyer. You should give thought to who saw you immediately before you went into police custody or had contact with the police and also to who saw you immediately afterwards, so that there can be corroboration that you did not have the injuries beforehand and that you did have them straight after you left the police. Try to get those people to write an account of what they recall or to tape record their observations.
  5. Get photographs of any injuries
    Get photographs of your injuries soon after the event and a few days afterward when the bruises have come out. Make sure the photographs are focused and in perspective. If you go quickly to the OPI or the ESD, they will arrange for a photographer to take pictures of your injuries.
  6. Obtain a medical record of any injuries
    If you have any injuries, report what happened to a doctor. Try to ensure that the doctor makes a record of all of your injuries. Again, if you go quickly to the OPI or the ESD, they will arrange for a Forensic Medical Officer (FMO)to examine you. FMOs are doctors from the Victorian Institute of Forensic Medicine who specialise in examining injuries, and can be of great assistance because of their experience in such matters. Community legal centres may also assist you to access an FMO.
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INVESTIGATION OF COMPLAINTS 
 TO LODGE OR NOT TO LODGE?


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SUPPORTING YOUR COMPLAINT :: Last updated: Thu Jul 1st 2010